Name of law a law amending the law on Civil Aviation, the Name Bill a bill amending and supplementing the law on civil aviation adopted 29/07/2010 number/year Official Gazette 63/2010 Decree No 246

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on Civil Aviation, adopted by the National Assembly of the HLI, 29 July 2010.

Issued in Sofia on August 2, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending the law on Civil Aviation (official SG. 94 of 1972; amend., SG. 30 of 1990, no. 13 of 1997, no. 85 of 1998, 12/2000, no. 34 and 111 since 2001, and 52/70 by 2004, no. 88 and 102 of 2005, no. 30, 36 , 37, 105 and 108, 2006, issue. 10, 41 and 109 from 2007, PCs. 36, 66 and 67 of 2008 and St. 35, 47, 82 and 102 of 2009.)

§ 1. Art is created. 10A:

"Art. 10. Common rules for civil aviation security are laid down in Regulation (EC) no 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97/72 of 9 April 2008). '

§ 2. In art. 11 the following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the conditions and procedures for the achievement of security in civil aviation are defined by measures and procedures as detailed in the national programme for security in civil aviation."

2. a para. 3:

"(3) the national programme for security in civil aviation shall be approved by the Chief Executive Officer of the Directorate General for Civil Aviation Administration" after consultation with the co-chairs of the Council for security in civil aviation. "

§ 3. In art. 16 (a) item 5 is repealed.

§ 4. In art. 16 (b), para. 1 make the following amendments and additions:

1. In paragraph 4, after the words "civil aviation" a comma and add "including the implementation of the national programme for security in civil aviation, through implementation of the national quality control programme for achieving security in civil aviation."

2. Section 10 is repealed.

3. Point 11 is replaced by the following:

11. supports a single database and issue the identification cards of the air crew and the omissions of persons who perform their duties in the areas of security, after they have successfully passed a background check of reliability, which is carried out by the State Agency for national security, as well as of motor vehicles – access to security zones of civil airports for public use; ".

§ 5. In art. 16 in the Al is created. 7:

(7) the Director-General of the Directorate General for Civil Aviation Administration issue certificates of fitness of the air navigation service provider for the use of navigational aids for air navigation, landing and overview under the conditions and in accordance with procedures laid down by Decree of the Minister of transport, information technology and communications. "

§ 6. In art. 16, al. 2 make the following amendments and additions:

1. point 1 shall be repealed.

2. point 2 shall be replaced by the following:

2. develop and propose for approval by the Director-General of the Directorate General for Civil Aviation Administration "national programme for security in civil aviation, the national quality control programme for achieving security in civil aviation, the national training program in the field of civil aviation security and the national programme for the certification of security officers working at checkpoints, in consultation with the co-chairs of the Council for civil aviation security;".

3. paragraph 2 shall be inserted:

' 2A. develops and provides for consultation by the Minister of transport, information technology and communications, the Minister of Defense, Minister of Interior, Minister of finance and Chairman of the State Agency for national security plan of actions for acts of unlawful interference in civil aviation; the plan shall be adopted by a decision of the Council of Ministers; ".

§ 7. In art. 16 and made the following changes and additions:

1. The current text becomes paragraph 1 and in it:

a) in item 8, after the words "Ministry of Interior" put a semicolon and text for the rest is deleted;

b) point 9 is replaced by the following:

"9. The Customs Agency;"

c) in item 11, the words "the President of ' shall be deleted;

d) 12 shall be inserted:

"12. the relevant structures of the Ministry of defence, the structures of a direct subordination of the Secretary of Defense and the Bulgarian army, involved in the implementation of the control, management and use of the national airspace."

2. Al are created. 2-5:

"(2) the Council for civil aviation security is composed of representatives of the General Directorate for Civil Air administration navigable", the Ministry of the Interior, the Ministry of Defense, the national Customs Agency and the State Agency for national security and is led by the Deputy Minister for transport, information technology and communications, Deputy Secretary of Defense, the Secretary of the Interior Ministry and by the Chairman of the State Agency for national security who are co-presidents of the Council.


(3) the Council for civil aviation security is an advisory body to the Minister of transport, information technology and communications, the Minister of Interior, Minister of Defense, the Chairman of the State Agency for national security and the Minister of finance for the strategic planning and implementation of consultation, coordination, cooperation and coordination between agencies, legal and natural persons who have obligations to achieve security in civil aviation.

(4) the Council may attract in its work and representatives of other government departments, as well as experts in the field of civil aviation.

(5) the administrative service of the Council for civil aviation security is provided by the General Directorate for Civil Aviation Administration "."

§ 8. In art. 16 k create al. 5 and 6:

"(5) the airport operator shall carry out:

1. security check of passengers, starting a journey from the airport, transfer passengers and transit passengers, their hand baggage and registered;

2. the security of staff, crews and vehicles for access to security zones with restricted access and critical parts;

3. security of freight and mail;

4. security of the mail and materials of air operators;

5. check for security of supplies of goods intended for the flight and the airport;

6. video surveillance of security zones with restricted access, critical parts and other areas;

7. access control and issue temporary passes for persons and motor vehicles;

8. security of aircraft on the apron at the airport.

(6) an air navigation service provider shall develop, implement and update security program to prevent acts of unlawful interference in the activities and means of air navigation services. The programme shall be drawn up in accordance with the requirements of the national programme for security in civil aviation, airport programs to achieve aviation security and is approved by the Director of the Directorate General for Civil Aviation Administration "."

§ 9. In art. 16 m al. 2 shall be replaced by the following: "(2) the natural persons who carry out their duties, the security zones of civil airports shall be carried out after completion of a successful background check by the State Agency for national security under the criteria set out in the national programme for security in civil aviation. Access in the border area and shall be agreed with the authorities of the General Directorate for border police. "

§ 10. Article 16 h shall be repealed.

§ 11. In art. 16 o al. 4 shall be amended as follows:

"(4) the criteria to be met by flight security officers, and the procedure for their appointment are in accordance with the requirements of the national programme for security in civil aviation."

§ 12. In art. 38 Al is created. 5:

"(5) in the performance of flight programs air operators have the right to carry out inspection and testing of the crew members on the use of psychoactive substances."

§ 13. In art. 43 (b), para. 7, paragraph 2, the words "airport charges under art. 120, para. 1, item 3 and 4 "shall be replaced by" airport charges under art. 120, para. 1 2-4.

§ 14. In art. 53 in the Al. 6 and 13 are repealed.

§ 15. In art. 64, para. 3, after the words "to ensure" safety and security "is added".

§ 16. In art. 64 (b) make the following amendments and additions:

1. In paragraph 8. 1 the words "the Minister of transport, information technology and communications" shall be replaced by the "Council of Ministers".

2. a new paragraph. 3:

"(3) for the implementation of the flights for special purposes Aviootrâd 28 may rent a wet lease aircraft from aircraft operators who own AOC, with authorized activity" passengers "."

3. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) in carrying out flights for special purposes and in cases where Aviootrâd operates 28 for the needs of the ministries and departments, payment is made from the budget of the relevant administrations, ministries or agencies."

4. The current paragraph. 4 it al. 5.5. The current al. 5 it al. 6 and in her words "the Minister of transport, information technology and communications" shall be replaced by the words "the Director-General of Aviootrâd 28.

6. The current paragraph. 6 it al. 7 and shall be amended as follows:

"(7) to the basic salary of the staff in the Aviootrâd 28 shall be paid additional remuneration – up to 25 per cent of basic salary, subject to the conditions and procedures laid down in the rules of procedure of the Aviootrâd 28.

7. The current paragraph. 7 it al. 8 and in her words "the Minister of transport, information technology and communications, in consultation with the Minister of finance" shall be replaced by the words "the Director-General of Aviootrâd 28 in consultation with the Prime Minister or an official authorised by him".

§ 17. In art. 73, para. 1 Finally a comma and add "as well as those who have refused the security check, including their luggage.

§ 18. In art. 120, para. 3 is hereby amended as follows:

1. In the text before point 1, the words "paragraphs 1 and 2 shall be deleted.

2. Section 6 is repealed.

§ 19. Art is created. 120 (a):

"Art. 120. The payment of the fees under art. 120, para. 2 aircraft are released when conducting initial flight training. "

§ 20. In the name of chapter x "b" after the words "safety" there shall be added "and security".

§ 21. In art. 122 in, al. 1, after the words "to ensure" safety and security "is added".


§ 22. In art. 143 following amendments and supplements shall be made:

1. In paragraph 8. 1 create item 15 and 16:

"15. allow to use navigation facility for air navigation, landing and an overview without a certificate of fitness;

16. participate in air traffic management and deployment of systems for air navigation services without holding a certificate of competency, or possessions thereof a certificate of competency is invalid, and the one who ordered or allow it. "

2. in the Al. 3:

a) in item 5, after the words "illegal access" is added "person or";

b) point 6 is replaced by the following:

"6. the airport operator, which allow in a security area with restricted access person and carried by him stuff and articles without verification of security;"

in t. created) 7-12:

"7. the airport operator, operator on ground service, air navigation service provider and operator, which in that period does not resolve discrepancies in presented for approval to the General Directorate for Civil Aviation Administration" an action plan to remove inconsistencies, then carried out audits, inspections and tests;

8. training provider, which operates without the testimony of aviation training center, no established training programs and uses faculty and instructors who do not have the appropriate certificate, as well as the one who ordered or allow this;

9. the airport operator, operator or provider of air traffic services, which prevents verification of the competent authorities under this Act or fails to fulfill their disposition, related to ensuring the safety of flights, as well as the one who ordered or allow this;

10. air operator, which allow unauthorised by the air navigation service provider out of the range for take-off and landing, as well as the one who ordered it;

11. operator, which allow unauthorised by the air navigation service provider in prohibited entry, temporarily restricted or dangerous to fly in controlled areas or areas controlled areas of airports, as well as the one who ordered or allow this;

12. the air navigation service provider who fails to comply with the terms or allow deviation in the implementation of the corrective actions prescribed in the regulatory audit within the meaning of Regulation (EC) no 1315/2007 of 8 November 2007 on safety oversight in air traffic management and amending Regulation (EC) no 2096/2005 (OJ L 291/16 of 9 November 2007) adopted by the national supervisory authority, as well as the one who ordered or allow it. "

3. in the Al. 4:

a) in paragraph 1 the words "have the necessary qualifications or training acquired" shall be replaced by "have passed the necessary training, acquired";

(b) in item 2), after the words "valid pass" insert "or" identification card.

§ 23. In art. 144 creating item 14:

"14. the order or allow significant hardware and/or software modification of systems for air navigation services without the permission of the General Directorate for Civil Aviation Administration". "

§ 24. In § 3 of the supplementary provisions the following amendments and additions:

1. point 26 shall be replaced by the following:

"26." aviation security "is a combination of measures, human and material resources intended to protect civil aviation from acts of unlawful interference.

2. an item 59:

"59." Significant hardware and/or software modification of systems for air navigation services "means a change that could cause an effect with a degree of severity class 1 or 2 according to Regulation (EC) no 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation services or involves the introduction of new standards."

Final provision

§ 25. The provision of § 8 (concerning art. 16 k) shall enter into force on 1 January 2011.

The law was passed by the National Assembly 41-Otto, 29 July 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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